Lever Your Business Inc v. Sacred Hoops and Hardwood, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
Plaintiff Lever Your Business, Inc. (“LYB”) filed this action against defendant Sacred Hoops & Hardwood, Inc. (“Sacred Hoops”) on August 15, 2019. Dkt. 1. The gravamen of LYB’s claims is that Sacred Hoops advertised LYB’s products for resale at unauthorized prices and on unauthorized websites. Id, Sacred Hoops filed a motion to dismiss Lever Your Business’ complaint on October 18, 2019, which the Court granted in part and denied in part on December 23, 2019. Dkts. 13, 23. Sacred Hoops filed its operative first amended answer and countercomplaint on March 20, 2020. Dkt. 32 (“FAC”). The FAC asserts the following counterclaims against LYB: (1) breach of contract; (2) breach of implied contract; (3) and breach of the implied covenant of good faith and fair dealing. See generally id. LYB filed a motion to dismiss the FAC on April 2, 2020. Dkt. 34 (“Mot.”). Sacred Hoops filed an opposition on April 16, 2020. Dkt. 38 (“Opp.”). LYB filed a reply on April 23, 2020. Dkt. 39 (“Reply”). The Court held a hearing on May 11, 2020. Having carefully considered the parties’ arguments, the Court finds and concludes as follows.